IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080014257
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the social security number on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that the social security number on his DD Form
214 has been incorrect since he separated from the service.
3. The applicant provided a copy of his DD Form 214 and a copy of his social security card.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 7 April 1965, before the social security number was used for identification. He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). The highest rank he attained while serving on active duty was specialist four (SP4)/E-4.
3. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) that he last audited on 12 April 1966, shows his social security number as 0**-**-*43*. This is the only document, except for his DD Form 214, that indicates his social security number.
4. On 10 April 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 2 years and
1 month of creditable active service.
5. Item 3 (Social Security Number) of the applicants DD Form 214 shows the entry 0**-**-*34*.
6. The applicant's record contains a memorandum from the Department of the Army, Office of the Adjutant General, U. S. Army Administration Center, St. Louis, Missouri, dated 17 December 1969, subject: Elimination Board Proceedings. Paragraph two shows his social security number as 0**-**-*43*.
7. The applicant's record contains Letter Orders Number 01-1900356, published by the Department of the Army, Office of the Adjutant General, U. S. Army Administration Center, St. Louis, Missouri, subject; Discharge from USAR. This order shows his social security number as 0**-**-*43*.
8. The applicant provides a copy of his social security card which shows his social security number as 0**-**-*43*.
9. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. This regulation provided, in pertinent part, the Soldier's Social Security Number would be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the social security number contained on his DD Form 214 is incorrect was carefully considered and found to have merit. The evidence of record shows that the DA Form 20 and the Elimination Board Proceedings on file in the applicants record contain the same social security number he now claims to be correct.
2. The evidence of record confirms the applicant's 8 February 1969 DD Form 214 contains an incorrect social security number in Item 3. It is apparent that this entry was the result of an administrative error made by out-processing personnel during the applicants out-processing. Therefore, it would be appropriate to now correct the applicant's separation document to show his correct social security number.
BOARD VOTE:
___ X __ _ X _ _ _ __X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 3 of his DD Form 214 the seventh and eighth digits of "34";
b. replacing the seventh and eighth digits with "43"; and
c. providing him with a correction to his separation document that includes this change.
__________X__________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080014257
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ABCMR Record of Proceedings (cont) AR20080014257
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